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Judgment on identity theft after a year


wobbles
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This is kind of long, but I'm including dates for a reason, sorry.  This debt was part of a large identity theft that occurred in 2009-2010.

 

I received a summons in July 2013, see time frame below:

 

July 22 2013 received a summons, atty is JDB.  It included an affidavit of debt from Cap One.

 

Aug 7 2013 I answered with detailed answer to each item & stated identity theft & debt was not mine

 

NEVER HEARD A WORD, so I assumed it was taken care of

 

June 26 2014 received from JDB atty a Motion for Entry of Summary Judgment for previous complaint from July 22, 2013

 

July 3 2014 I filed an answer to the motion, answered each item in detail again stated identity theft

 

Aug 21 2014 got in mail a notice to appear in court Oct 14 2014, also in that envelope was a copy of Summary Judgment granted JULY 2 2014, the day before I filed my answer

 

Now, I need help with how to proceed.  I thought if you filed an answer a judge considered it, however it seems the judge granted the Summary Judgment the day before I filed my answer.  I thought I had 20 days from the date of the notice to answer it, however the judge didn't wait 20 days. 

 

Obviously I'm going to court.  Order to Appear in court states 'to answer as to his non-exempt wages, assets, property and income' and 'failure to comply with this Order to Appear may result in punishment for contempt of court, costs versus defendant'.

 

What I think I need to take is a copy of my Social Security Disability income statement, a copy of my Disability Pension & a list of my monthly bills.  My bank account is a problem because my husband is on my bank account & I don't want them to go after his income, he will be LIVID. 

 

So I guess my next question is how do I handle my husband's income.  Can they go after it and attach our joint account?  Should I get him a new account?  I'd rather not, I pay our bills out of my income, but I sometimes need a little of his to supplement it.  I don't think they can take my SS disability, but I'm not sure about my disability pension. 

 

I truly appreciate any help anyone can give.  I'm really nervous about going before a judge.  I'm also pissed that I'm going to have to pay a bill that's not mine.  Amount is $1,234.59.

 

Thanks,

Wobbles

 

Edit:  Cap One never validated this debt.  I did DV them, they never answered.

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Once they sue you they don't have to validate.  

 

First get your husband's name off your bank account.  ANY amount of money over two months equivalent of your pension and disability is attachable by bank levy.  Your disability and pension are exempt up to the equivalent of 2 months benefits.  They cannot take it no matter what.

 

Second:  consult a consumer attorney.  Since you are the victim of ID Theft you are going to need their help in getting this set aside.  First the court erred in granting the MSJ before your answer was even due.  Second if it is ID theft you are not legally liable.  (but JDBs and Cap One do not care) 

 

Go to www.naca.net to find a good consumer lawyer to help you with this.

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Can they hit the bank account before the court date in Oct?

 

I never have the amount of over 2 months worth of my pension & disability in the account, except at tax time when I get a refund.  I will get another account set up for my husband, just wanted to know how soon they might hit it.  It will take a couple of weeks before my husband's employer gets his direct deposit re-directed to a new account. 

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Can they hit the bank account before the court date in Oct?

 

I never have the amount of over 2 months worth of my pension & disability in the account, except at tax time when I get a refund.  I will get another account set up for my husband, just wanted to know how soon they might hit it.  It will take a couple of weeks before my husband's employer gets his direct deposit re-directed to a new account. 

 

Typically they do not hit a bank account until after the debtor's exam.  Don't dawdle though.  You never know.  

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@wobbles

 

Go to the website of the Indiana State Bar Association.  Look at "Local Bars".  Pick your county/city and contact your local bar association to see if they can recommend an attorney for you.  After that, go to a local bar, relax, and have a drink.

 

http://www.inbar.org/SearchResults/tabid/37/Default.aspx?Search=%22lawyer+referral%22

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Yes but look up indiana rules of civil procedure. It will be a certain number of days after judgment, and it's usually less that 30 days.  But I agree with everyone. Get an atty. They will usually take on your case with little or NO money up front if they think you will win.  This sounds like more than you can do yourself.

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I'll give his office a call.  I'm closer to Louisville, Kentucky though, so I may start looking for atty's in Louisville.  So far, I've come up blank.  I cold called a few in my area today & got nothing. The link for Indiana State Bar lawyer referral is blank.  If I can't find an atty, I'm going to try it alone myself.  I know that may not be very smart, but I don't really know where to turn.  The atty's I've actually had conversations with their office reps want to handle bankruptcy's.  That is not me, I'm not filing BK for a bill that is not mine for $1,200.  I'd pay it before I filed a BK. 

 

We had a serious problem last year with an AMEX bill in my husband's name that was a part of the ID theft.  Eventually, AMEX dropped the suit & the motion for judgment was vacated (I think that was the term they used).  Anyway, that was closed out.  I plan on taking that paperwork with me, just in case.  Don't really want to use it, since its in husband's name, not mine & don't really want to muddy the waters.  If someone thinks I should not bring this up at the court date, please respond & let me know that. 

 

I'm not legally equipped to handle this, so hopefully I'll find an atty under a rock somewhere.  Starting next Tuesday, I'm going to spend the entire day on the phone & try to get an atty to help me.  I'll pay, I know a good atty will cost less that the mess I'll make myself in court.   If one of these ID theft cases wins, I'm in serious trouble.  There are over $100,000 in small credit card accounts.  Most have been handled amiably, with the OC writing them off.  Some however, went to JDB's & that's were my troubles began.

 

Lord help me & thanks to all who have responded trying to help.  Any other help you can think of is very much appreciated.

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